A Brief Summary in Plain Language of the Most Important Laws Concerning Women; Together with a Few Observations Thereon is a pamphlet written by Barbara Leigh Smith Bodichon in 1854. It was written partly in response to John Wharton’s Exposition of the Laws Relating to the Women of England in 1853, and partly in response to her parents’ unorthodox relationship. Bodichon spent that year studying laws in place affecting women, and published her findings in pamphlet form. It proved popular, and was followed by a second edition in 1856, and a enlarged third edition in 1869. Part of the pamphlet’s success lay in its clear and concise writing, which “was in its way far more effective than previous outbursts of feminist propaganda” (Herstein 71).
The pamphlet opens with a section “explaining the legal conditions of single woman: their ability to own property, their position as heirs, and their ability to vote on parish questions but not for members of Parliament” (Herstein 72). It goes on to outline the legal and social restrictions on employment for single women, such as their inability to hold important offices such as in the government or church, except for that of the Sovereign.
The second section explains the laws concerning married women. In a line, it states that “A man and wife are one person in law; the wife loses all her rights as a single woman, and her existence is entirely absorbed in that of her husband” (Leighton and Surridge 293). In her research, Bodichon had discovered what many women were unaware of: that a man actually had a legal right to the property of his betrothed once she had promised him marriage. Bodichon also explained the proceedings if a couple were to separate, notably that “the legal custody of children belongs to the father” (Leighton and Surridge 294). This was due to the Custody of Infants Act 1839, which allowed a mother to petition the court for custody of her children under age seven, and for access to older children (“Custody Rights”).
The third section concerns the laws of divorce. It highlights the difficulty and expense of obtaining one, which required an act of Parliament to be passed and cost up to £700, “which makes the possibly of release from matrimonial bond a privilege of the rich” (Leighton and Surridge 295).
The fourth section explains laws concerning illegitimate children and their mothers. This was an issue dear to Bodichon’s heart, as she and her siblings were themselves illegitimate.
The fifth and concluding section, titled Remarks, is Bodichon’s own comments on the laws she has outlined. Its main point is that “women, more than any other members of the community, suffer from over-legislation” (Leighton & Surridge 296). She compares married women to infants, in that they have no real existence and become merged with their husbands. She uses the image of smaller rivers joining larger ones as a metaphor, for the weaker individual to be absorbed by the larger - effectively removing them as a separate entity.
Bodichon goes on to state that laws regarding women were necessary during earlier times, when a violent society required the protection of women by their male relatives. She argues that this is no longer the case in the modern era. Ultimately, Bodichon calls for “these legal devices be done away with, by the simply abolition of a law which we have outgrown” (Leighton and Surridge 298).
Matthew Davenport Hill, Bodichon’s family friend, brought the pamphlet to the Law Amendment Society, which was dedicated to amending outdated laws. The Society decided to introduce the Married Women’s Property Bill, to protect the property and earnings of married women (Hirsch).
Bodichon was raised in a liberal household, under her father Benjamin Smith, MP. Smith “believed that the laws of England were inimical to justice for women and gave that as a reason for not marrying Barbara's mother, Anne Longden” (Hirsch). This unorthodox relationship made Bodichon and her siblings illegitimate, and even treated as outcasts by members of their extended family. She was fortunate in that her father gave her a yearly allowance of £300 at the age of 21, which rose to £1000 by his death in 1847. This allowed for Bodichon a great independence, similar to that of wealthy women. It enabled her to enroll in art classes and pursue her feminist views.
The pamphlet’s affordability allowed it to be widely circulated, and it was unique in the fact that it was not only a piece of early feminist propaganda, but it was written in clear writing for lower, minimally educated classes (Hirsch).
ES/Engl387/Fall2014/UVic Works Cited
“Custody Rights and Domestic Violence.” UK Parliament Website. Parliamentary Publications, n.d. Web. 18 Nov 2014
Herstein, Sheila R. A Mid-Victorian Feminist, Barbara Leigh Smith Bodichon. Ann Arbor, MI: Yale University, 1985. Print. Hirsch, Pam.“Bodichon, Barbara Leigh Smith (1827–1891)”, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, May 2007. Online. 28 Oct 2014.
Leighton, Mary E., and Lisa Surridge, eds. The Broadview Anthology ofVictorian Prose 1832-1901. Toronto: Broadview Press, 2012. Print.
A Brief Summary in Plain Language of the Most Important Laws Concerning Women; Together with a Few Observations Thereon is a pamphlet written by Barbara Leigh Smith Bodichon in 1854. It was written partly in response to John Wharton’s Exposition of the Laws Relating to the Women of England in 1853, and partly in response to her parents’ unorthodox relationship. Bodichon spent that year studying laws in place affecting women, and published her findings in pamphlet form. It proved popular, and was followed by a second edition in 1856, and a enlarged third edition in 1869. Part of the pamphlet’s success lay in its clear and concise writing, which “was in its way far more effective than previous outbursts of feminist propaganda” (Herstein 71).
The pamphlet opens with a section “explaining the legal conditions of single woman: their ability to own property, their position as heirs, and their ability to vote on parish questions but not for members of Parliament” (Herstein 72). It goes on to outline the legal and social restrictions on employment for single women, such as their inability to hold important offices such as in the government or church, except for that of the Sovereign.
The second section explains the laws concerning married women. In a line, it states that “A man and wife are one person in law; the wife loses all her rights as a single woman, and her existence is entirely absorbed in that of her husband” (Leighton and Surridge 293). In her research, Bodichon had discovered what many women were unaware of: that a man actually had a legal right to the property of his betrothed once she had promised him marriage. Bodichon also explained the proceedings if a couple were to separate, notably that “the legal custody of children belongs to the father” (Leighton and Surridge 294). This was due to the Custody of Infants Act 1839, which allowed a mother to petition the court for custody of her children under age seven, and for access to older children (“Custody Rights”).
The third section concerns the laws of divorce. It highlights the difficulty and expense of obtaining one, which required an act of Parliament to be passed and cost up to £700, “which makes the possibly of release from matrimonial bond a privilege of the rich” (Leighton and Surridge 295).
The fourth section explains laws concerning illegitimate children and their mothers. This was an issue dear to Bodichon’s heart, as she and her siblings were themselves illegitimate.
The fifth and concluding section, titled Remarks, is Bodichon’s own comments on the laws she has outlined. Its main point is that “women, more than any other members of the community, suffer from over-legislation” (Leighton & Surridge 296). She compares married women to infants, in that they have no real existence and become merged with their husbands. She uses the image of smaller rivers joining larger ones as a metaphor, for the weaker individual to be absorbed by the larger - effectively removing them as a separate entity.
Bodichon goes on to state that laws regarding women were necessary during earlier times, when a violent society required the protection of women by their male relatives. She argues that this is no longer the case in the modern era. Ultimately, Bodichon calls for “these legal devices be done away with, by the simply abolition of a law which we have outgrown” (Leighton and Surridge 298).
Matthew Davenport Hill, Bodichon’s family friend, brought the pamphlet to the Law Amendment Society, which was dedicated to amending outdated laws. The Society decided to introduce the Married Women’s Property Bill, to protect the property and earnings of married women (Hirsch).
Bodichon was raised in a liberal household, under her father Benjamin Smith, MP. Smith “believed that the laws of England were inimical to justice for women and gave that as a reason for not marrying Barbara's mother, Anne Longden” (Hirsch). This unorthodox relationship made Bodichon and her siblings illegitimate, and even treated as outcasts by members of their extended family. She was fortunate in that her father gave her a yearly allowance of £300 at the age of 21, which rose to £1000 by his death in 1847. This allowed for Bodichon a great independence, similar to that of wealthy women. It enabled her to enroll in art classes and pursue her feminist views.
The pamphlet’s affordability allowed it to be widely circulated, and it was unique in the fact that it was not only a piece of early feminist propaganda, but it was written in clear writing for lower, minimally educated classes (Hirsch).
ES/Engl387/Fall2014/UVic
Works Cited
“Custody Rights and Domestic Violence.” UK Parliament Website. Parliamentary Publications, n.d. Web. 18 Nov 2014
Herstein, Sheila R. A Mid-Victorian Feminist, Barbara Leigh Smith Bodichon. Ann Arbor, MI: Yale University, 1985. Print.
Hirsch, Pam.“Bodichon, Barbara Leigh Smith (1827–1891)”, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, May 2007. Online. 28 Oct 2014.
Leighton, Mary E., and Lisa Surridge, eds. The Broadview Anthology of Victorian Prose 1832-1901. Toronto: Broadview Press, 2012. Print.